Frequently Asked Questions

Personal Injury Law can be very confusing. Below are some commonly asked questions and answers, which I hope you will find helpful.

Q: What is the first thing I need to do after an accident?
A: Normally, after you have a doctor treat your injury, the most important thing you can do is make sure that someone documents the facts of your accident that show that the accident was not your fault. I have professional investigators to perform these investigations for my clients.

Q: Why do I have to prove the accident was someone else's fault?
A.: In Florida, an injured person is not automatically entitled to compensation. In order to receive monetary damages for your injuries, you must be able to prove that the accident was caused by the fault of another. The burden of proof is on you, as the injured party, and if you cannot show that another person was negligent, you cannot make a recovery. This is why it is so important, even in a case where you feel the accident was clearly the other person's fault, to have the facts of the accident professionally documented.

Q: How long after the accident should I wait following my accident before discussing it with a lawyer?
A: The best time to document the facts that are favorable to your case is immediately after the accident. You should call my office as soon as possible after you accident so that I can ensure that your accident is properly investigated.

Q: Do I have to hire a lawyer immediately after the accident?
A: No, but you must make sure that the favorable evidence in your case is preserved. If you lose this evidence, you could lose your case. If you decide against hiring a lawyer immediately after your accident, you should at least talk to a lawyer so that you will understand what evidence is needed in your case.

Q: How much will it cost me to talk to a lawyer about my accident case?
A: I will be happy to have an initial conference with you concerning any aspect of your case without charge. If you have received an offer from an insurance company, and you do not have another attorney, I will discuss the reasonableness of that offer with you without any obligation from you.

Q: How do I know if my lawyer is experienced in personal injury cases?
A: The simple answer to this question is to ask your lawyer. The Florida Bar Association requires lawyers to discuss their qualifications and background with you. Upon your request, I will gladly send you information regarding my qualifications and experience.

Q: How do lawyers get paid in personal injury cases?
A: Most lawyers handle personal injury cases on a contingency basis. This means that you pay no attorney’s fees unless you make a recovery. However, some firms charge their clients for out-of-pocket costs, regardless of whether the case is won or lost. I only charge out-of-pocket costs if I win your case.

Dos and Don'ts if You Have an Accident

Do not:

• Talk to the other party's insurance company until you talk to an attorney.
• Give a statement to your insurance company until you talk to an attorney.
• Sign any release or accept any settlement until you talk to an attorney.
• Give any information about your injuries.
• Make any statement to anyone but the investigating officer at the accident scene.
• Admit any fault in causing the accident.

Do:

• Seek medical attention if needed. (All auto policies and many homeowners’ policies provide for medical benefits.)
• Contact an attorney to represent your interests.
• File a police report within twenty-four (24) hours of the accident.
• Obtain the names and addresses of all witnesses to the accident.
• Take photographs of all damage to your vehicle.
• As soon as possible, write down your recollection of how the accident happened, including anything you heard other drivers say.

Remember: Your auto insurance (PIP) is the primary source to pay medical expenses incurred as a result of auto accidents. Make sure that you do not have a deductible on your PIP-No Fault coverage. Also, if the other person does not have insurance, you need Uninsured Motorist coverage to compensate you for your injuries. Be sure to request this important coverage from your agent.